Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Anthony Hardy, et al. and Members of the Class, On Behalf of All Others Similarly Situated v. District of Columbia

August 22, 2012

ANTHONY HARDY, ET AL. AND MEMBERS OF THE CLASS, ON BEHALF OF ALL OTHERS SIMILARLY SITUATED PLAINTIFFS,
v.
DISTRICT OF COLUMBIA DEFENDANT.



The opinion of the court was delivered by: Robert L. Wilkins United States District Judge

MEMORANDUM OPINION

Before the Court is Plaintiffs' Second Renewed Motion for Class Certification (Dkt. No. 33). Upon consideration of the briefs and oral argument, the entire record, and for the following reasons, Plaintiffs' Motion is hereby GRANTED. For purposes of this ruling, the Court will assume that the reader is familiar with the Court's previous Memorandum Opinion in this case and the factual assertions and arguments made by the parties.

BACKGROUND

Plaintiffs Anthony Hardy and Donnell Monts, on behalf of themselves and all others similarly situated ("Plaintiffs"), have filed a one-count Complaint against the District of Columbia. (Dkt. No. 1). Plaintiffs allege that the District seized and forfeited cash from them without providing adequate notice under D.C. Code § 48-905.02 ("the D.C. Forfeiture Statute") and the Fifth Amendment to the U.S. Constitution. (Dkt. 1 at 2).

Plaintiffs filed their first motion for class certification on September 8, 2009. (Dkt. No. 6). The Court denied Plaintiffs' motion without prejudice because the class was not sufficiently defined and Plaintiffs had failed to meet their burden. The Court allowed discovery so that the Plaintiffs could "better flesh out who [their] class might include."

At a hearing on July 21, 2010, the parties represented that class discovery was complete. The District represented that the class certification issues were "now teed up." (Dkt. No. 21 at 7). Plaintiffs filed a second motion for class certification on August 30, 2010. In its Memorandum Opinion denying the second motion, the Court cited numerous concerns with the proposed class definition. (Dkt. Nos. 31-32). The Court allowed Plaintiffs a third and final opportunity to address and potentially cure those concerns. (Id. at 7-8).

Plaintiffs have altered their class definition a third time and now seek to certify two classes: the "Failed Notice Class" and the "Incarcerated Persons Class." Plaintiff Anthony Hardy seeks to represent the "Failed Notice Class," which includes individuals meeting the following criteria:

(1) The person was arrested by an officer of the District of Columbia Metropolitan Police Department.

(2) The MPD took cash from the person.

(3) The person's criminal case relating to the arrest was concluded on or after June 8, 2006, or if the person was released by the MPD without charge, the person was arrested on or after June 8, 2005.

(4) The District kept (or keeps) the person's cash (whether by storing, using, or depositing).

(5) On or before October 28, 2009, the District mailed an administrative forfeiture notice to the person, but the District did not receive back a signed mail receipt.

(6) The District did not re-send a notice regarding the cash.

(7) The District did not within one year of the conclusion of the person's criminal case (or release without charge) file a civil forfeiture action.

(Dkt. No. 33 at 1-2).

Plaintiff Darnell Monts seeks to represent the "Incarcerated Persons Class," which includes individuals meeting the following criteria:

(1) The person was arrested by an officer of the District of Columbia Metropolitan Police Department.

(2) The MPD took cash from the person.

(3) The person's criminal case relating to the arrest was concluded on or after June 8, 2006, or if the person was released by the MPD without charge, the person was arrested on or after June 8, 2005.

(4) The District kept (or keeps) the person's cash (whether by storing, using, or depositing).

(5) On or before October 28, 2009, the District mailed an administrative ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.